HomeMy WebLinkAboutSan Diego County Water Authority; 1992-01-21;1) a
ENCINA BASIN WATER RECLAMATION PROJECT PHASE I
JOINT PARTICIPATION AGREEMENT FOR DEVELOPMENT
AND UTILIZATION OF RECLAIMED WATER BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
SAN DIEGO COUNTY WATER AUTHORITY,
AND CARLSBAD MUNICIPAL WATER DISTRICT
1)
TABLE OF CONTENTS
Paa
Recitals.. ........................
section
1. Definitions ......................
2. Project Description ..................
3. Warranties. ......................
4. Construction Responsibilities .............
5. Ownership of Facilities ................
6. Operating Responsibilities. ..............
7. MWD Purchase of Actual Yield. ............ .:
8. Resale of Actual Yield to SDCWA and CMWD. ...... .:
9. Project Water Rates ...................
10. Term and Amendments ..................
11. Hold Harmless and Liability ..............
12. Notice.. .......................
13. Successors and Assigns. ................
14. Severability. .....................
15. Integration. ......................
16. Governing Law. .....................
Exhibits
Exhibit A (Project Description)
Exhibit B (Map)
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ENCINA BASIN WATER RECLAMATION PROJECT PHASE I
JOINT PARTICIPATION AGREEMENT FOR DEVELOPMENT
AND UTILIZATION OF RECLAIMED WATER BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA,
SAN DIEGO COUNTY WATER AUTHORITY,
AND CARLSBAD MUNICIPAL WATER DISTRICT
THIS AGREEMENT is made and entered into as of
January 21, 1992, by and among THE METROPOLITAN WATER DISTRIC
OF SOUTHERN CALIFORNIA (hereinafter WWDtt) , SAN DIEGO COUNTY
WATER AUTHORITY (hereinafter ItSDCWAtt) , and CARLSBAD MUNICIPAI
WATER DISTRICT (hereinafter ttCMWDtt) ;
Explanatory Recitals
WHEREAS, MWD was incorporated under the Metropolita:
Water District Act (ltActtt) for the purpose of developing,
storing, and distributing water for domestic and municipal
purposes ;
WHEREAS, the Act empowers MWD to acquire water and
water rights within or without the state; develop, store and
transport water; provide, sell and deliver water at wholesal,
for municipal and domestic uses and purposes; set the rates
for water; and acquire, construct, operate and maintain any
and all works, facilities, improvements and property necessa
or convenient to the exercise of the powers granted by the
Act;
WHEREAS, SDCWA, as a member public agency of MWD
under the Act, is a wholesale purchaser within its service
area of water developed, stored, and distributed by MWD;
a e
WHEREAS, CMWD is a member public agency of SDCWA
and provides domestic and subpotable water services within
SDCWA's service area;
WHEREAS, MWD's water supply and demand projections
for its service area, including that encompassed by SDCWA,
show that additional sources of supplemental water must be
developed to meet future needs;
WHEREAS, MWD has determined to take all reasonable
and necessary steps to maintain MWD's water supplies at level
which will meet the needs of the people in the MWD service
area, which steps include detailed analyses of the conjuncti7
use of groundwater basins, water reclamation, and a variety c
water conservation techniques;
WHEREAS, MWD and SDCWA have determined that it is
mutually beneficial for cost-effective local water projects
originating in the service area of SDCWA to be developed as (
supplement to MMD's imported water supplies in order to meet
future water needs;
WHEREAS, a significant amount of treated wastewater
generated within the SDCWA service area is currently lost to
the ocean, which water could be used for special subpotable
purposes ;
WHEREAS, CMWD has obtained approval to distribute
reclaimed wastewater for landscape irrigation from the
California Regional Water Quality Control Board, San Diego
Region, pursuant to Order No. 91-60 and any orders
supplementary or amendatory thereof;
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WHEREAS, significant additional quantities of
Reclaimed Water could be distributed and sold by CMWD by
means of additional capital facilities to distribute and use
additional wastewater, thereby avoiding disposal thereof as E
waste product, and avoiding the use of an equivalent volume c
imported water for freeway, greenbelt, golf course and nurse1
irrigation purposes;
WHEREAS, CMWD is currently planning and desires to
construct additional capital facilities collectively known
as Encina Basin Water Reclamation Project Phase I (hereinaftc
''Project1') , to distribute, for municipal and domestic uses,
additional wastewater, which will minimize present and futurc
disposal of wastewater in a manner cost-effective for its Enc
Users, thereby, reducing the need for additional water that
otherwise must be delivered from MWD's aqueduct water supply
system;
WHEREAS, CMWD, acting as Lead Agency, shall comply
with the provisions of the California Environmental Quality
Act (CEQA) before MWD will be obligated to make any payments
under this agreement;
WHEREAS, the Vallecitos Water District (WD) owns a
operates the Meadowlark Water Reclamation Facility (MWRF) ir
compliance with the California Regional Water Quality Contrc
Board's reclaimed water requirements;
WHEREAS, CMWD has executed an agreement with WD fc
the delivery of up to 2,240 acre-feet per year of tertiary
treated effluent from MWRF for the project;
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WHEREAS, the Leucadia County Water District (LCWD)
owns and operates the Gafner Water Reclamation Plant (GWRP) i
compliance with the California 'Regional Water Quality Control
Board's reclaimed water requirements and plans to construct a
1.0 MGD tertiary facility;
WHEREAS, CMWD has executed an agreement with LCWD
for the delivery of a minimum of 394 acre-feet per year of
tertiary treated effluent when available from LCWD for the
project ;
WHEREAS, all parties believe development of Actual
Yield (defined below) will benefit the local community withii
CMWD and the region served by MND;
WHEREAS, CMWD is empowered under Section 71309 and
following of the Water Code to enter into contracts necessar]
to carry out its powers and purposes;
WHEREAS, MWD desires to assist in increasing the
distribution of Reclaimed Water that would not otherwise
occur through the Project, by agreeing with CMWD to buy, at <
purchase price established herein which may be adjusted from
time to time, the Actual Yield of the Project and by selling
said Actual Yield back to CMWD through SDCWA at rates to be
set by MWD and SDCWA from time to time;
WHEREAS, SDCWA desires to participate in and
affirmatively support the Project by purchasing the Actual
Yield of the Project from MWD and reselling said Actual
Yield to CMWD;
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WHEREAS, CMWD believes the contribution of MWD towar
the cost of the Project, in the form of the purchase of the
Actual Yield by MWD, will make the operation of the Project
cost-effective, and thus desires to commit to repurchase said
Actual Yield from MWD through SDCWA at rates to be set by MWT:
and SDCWA, respectively, from time to time;
WHEREAS, the Project will produce Actual Yield to Mh
which will correspondingly reduce demand of SDCWA for water
supply from MWD;
WHEREAS, the Project, when fully developed, is
estimated as being capable of distributing up to 2,050 acre-
feet per year of Reclaimed Water;
NOW, THEREFORE, in consideration of the promises
and covenants hereinafter set forth, the parties do agree
as follows:
Section 1: Definitions.
The following words and terms, unless otherwise
expressly defined in their context, shall be defined to mean
1.1: l1Actual Yield" shall mean the actual amount o
Reclaimed Water which is delivered by CMWD from the Project
in any given year and available for sale by CMWD to MWD and
resale by MWD to SDCWA as a member agency. "Actual Yieldvr
shall exclude any Reclaimed Water MWD reasonably determines
will not reduce SDCWAls demand for supply of potable water
from MWD. Further, IIActual Yield" shall exclude any Reclain
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apply to this Agreement if CMWD demonstrates to the
satisfaction of MWD's General Manager a need for the increasc
in the LPP Contribution and guarantees production and reuse c
a certain annual amount of reclaimed water. Primary factors
in considering eligibility for any increase in the LPP
contribution will be if the cost of producing the reclaimed
water exceeds the applicable MWD noninterruptible rate and
whether an increase is needed to achieve a guaranteed level c
production.
Section 2: Project Description.
All of the principal elements of the Project are mol
particularly described in the summary and map, attached heret
as Exhibits rlA1l and clB,ll and incorporated herein by this
reference.
Section 3: Warranties.
3.1: CMWD, through agreements with VWD and LCWD
warrants that it has a firm source of effluent water adequate
to operate the Project;
3.2: CMWD warrants that it is able and has a right
to sell such Actual Yield as it produces from the Project.
3.3: CMWD warrants thi3t it does not discriminate
against employees or against any applicant for employment
because of ethnic group identification, religion, age, sex,
color, national origin, or physical or mental disability and
further warrants that it requires all contractors and
consultants performing work on the Project to comply with
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all laws and regulations prohibiting discrimination against
employees or against any applicant for employment because
of ethnic group identification, religion, age, sex, color,
national origin, or physical or mental disability.
3.4: CMWD warrants that it will comply with the
provisions of CEQA prior to commencing construction of each
component of the Project.
the completed environmental documentation for each component
of the Project, and shall demonstrate to the satisfaction of
MWD's General Manager that the CEQA has been complied with
before MWD will be obligated to make any payments under this
agreement for Reclaimed Water produced and/or delivered by
that component.
Section 4: Construction Responsibilities.
CMWD will furnish MWD a copy of
CMWD shall be solely responsible for all design,
environmental proceedings, right-of-way acquisitions,
permits and construction of the Project and all modifications
thereof. CMWD shall be responsible for all capital costs of
the Project.
Section 5: Ownership of Facilities.
CMWD shall be the sole! and exclusive owner of all
Project facilities, except for Project facilities which may
be installed within the boundaries of End User's property.
MWD and SDCWA shall have no ownership right, title, security
interest or other interest in any Project facilities, nor
any rights, duties or responsibilities for operation and
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maintenance thereof. The sole :right and obligation of MWD
shall be in the form of an entitlement to purchase the Actual
Yield generated by the Project <and to sell the Actual Yield
as set forth in Sections 7 and 8 hereof. The sole right and
obligation of SDCWA shall be in the form of an entitlement
to purchase actual yield from MWD and resell actual yield to
CMWD as set forth in Sections 7 and 8 hereof.
Section 6: Operatins Responsibilities.
6.1: CMWD shall be solely responsible for the
operation and maintenance of all components of the Project,
including, but not limited to, obtaining and providing
Reclaimed Water as a supply for the Project, and for
distribution and delivery of Reclaimed Water to all End
Users. CMWD shall provide metering devices, to be owned,
operated and maintained by CMWD, for the purpose of measurinc
the quantity of Actual Yield delivered to each End user.
6.2: CMWD agrees to properly operate, maintain,
replace as necessary, and inspect the facilities comprising
the Project, regularly and in accordance with all applicable
state and federal laws, rules, regulations, and guidelines
for the term of this Agreement.
6.3: CMWD shall, at ail1 times during the term of
this Agreement, use its best efforts to operate the Project
facilities in accordance with generally accepted professiona
standards and maintenance and operation principles, and in
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such manner as to provide service to existing and future End
Users on a fair and equitable basis.
6.4: CMWD shall at all times during the term of thi
Agreement provide sufficient qualified personnel to properly
operate and maintain Project facilities.
meet applicable certification requirements of the pertinent
regulatory agencies.
Such personnel shal
6.5: CMWD shall insure that all Reclaimed Water
produced and delivered by the Project is used in compliance
with all applicable federal, state and local statutes,
ordinances, regulations and other requirements, and shall
further insure that connections to the Reclaimed Water syster
are properly designed and constructed.
6.6: CMWD shall make available for inspection to Ml
and SDCWA upon reasonable advance notice, all records, books
and other documents relating to the operation of the Project
Section 7: MWD Purchase of Actual Yield.
7.1: MWD shall purchase the Actual Yield from CMWD
provided that, unless agreed otherwise in writing, MWD shall
not be obligated to purchase in excess of 2,050 acre-feet
delivered by the Project in any one MWD fiscal year (July 1
June 30).
7.2: MWD's purchase price shall be the sum of MWD'
reclaimed water rate plus the LPP Contribution determined
in accordance with Section 1.4 and 1.6.
7.3: CMWD shall determine at the beginning of each
month the quantity of reclaimed water billed to its customer
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during the preceding month and shall invoice MWD monthly
for the Actual Yield. No minimu:m amount of Actual Yield
is guaranteed.
7.4: MWD shall pay CMWD for invoiced Actual Yield
within 45 days of receipt of CMWD's invoice. Payment shall
be by means of a credit to CMWD on the next billing MWD makes
to SDCWA. If payment is not made by MWD to SDCWA within said
45 days, it shall thereafter draw interest at a rate
equivalent to the average interest MWD earns on its own
invested funds during the time period payment is delayed
beyond 45 days.
7.5: Upon issuance of the credit, the Actual Yield
shall, solely for purposes of billing and accounting, be
deemed sold to MWD. Sale of water to MWD and SDCWA shall
not affect CMWD's obligations u.nder Section 11.
Section 8: Resale of Actual Yield to SDCWA and CMWD.
8.1: Purchase by SDCWA.
MWD agrees to resell t.he Actual Yield to SDCWA
simultaneously with MWD's purchase of respective Actual Yielc
from CMWD.
MWD at MWD's reclaimed water rate determined in accordance
with Sections 1.4.
SDCWA agrees to purchase that Actual Yield from
8.2: Purchase by CMWD.
SDCWA agrees in turn t:o resell the Actual Yield to
CMWD simultaneously with its purchase of that Actual Yield
from MWD pursuant to Section 8.1. CMWD agrees to purchase
that Actual Yield from SDCWA at a rate equal to SDCWA's
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reclaimed water rate determined in accordance with
Section 1.4.
8.3: Pavment Process.
Upon receiving the MWD billing, SDCWA shall include
the full amount of each CMWD credit on its next billing to
CMWD. On that same CMWD billing, SDCWA shall show that the
Actual Yield has been resold to CMWD by debiting CMWD for SUC
Actual Yield in accordance with the purchase price set forth
in Sections 1.4 and 8.2. Such Actual Yield shall be deemed
resold by SDCWA to CMWD as of the date of SDCWAls billing.
8.4: MWD's Oblisations.
Nothing contained herejin shall be deemed to modify
MWD obligations, if any, established by law or contract to
supply water to SDCWA for domestic and municipal use within
MWDIs service area.
Section 9: Project Water Rates.
9.1: The Board of Directors of MWD shall set
reclaimed water rates to be charged for the sale of the
reclaimed water generated by th.is and similar projects.
These rates may be changed from time to time by said Board.
9.2: The Board of Directors of SDCWA shall set
reclaimed water rates to be charged for the sale of the
reclaimed water purchased from IWD pursuant to this
Agreement.
by said Board.
These rates may be changed from time to time
9.3: The rates set by CMWD for subpotable water
service shall be set at its sole discretion.
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Section 10: Term and Amendments.
10.1: The term of this Agreement shall be seven
(7) years from the date CMWD notifies MWD that the Project
has begun operations.
10.2: This Agreement may be amended at any time by
the written mutual agreement of the parties.
Section 11: Hold Harmless and Liability.
CMWD agrees at its sole cost and expense to defend
and hold MWD and SDCWA harmless from any claim and any and
all liability, including but not limited to, liability due
to water quality, which may arise out of CMWD's approval of,
and subsequent construction and operation of the Project or
out of the ownership of the Project, and will save and defenc
MWD and SDCWA and their officers, agents, and employees free
from any claims for injury, including death or damage to
property, or injury (including death or damage) due to water
quality arising out of the construction, operation, or
ownership of the Project. Such indemnity shall include all
loss related to any claim made, whether or not a court actio
is filed, and shall include attorney fees, administrative ani
overhead costs, engineering and consulting fees and all othe
costs related to or arising out: of such claim of liability.
Section 12: Notice.
Any notice, payment or instrument required or
permitted to be given hereunder shall be deemed received up0
personal delivery or 24 hours after deposit in any United
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States post office, first class postage prepaid and addressed
to the party for whom intended, as follows:
If to MWD:
The Metropolitan Water District
1111 Sunset Boulevard Post Office Box 54153 Los Angeles, California 90054
Attention: General Manager
of Southern California
If to SDCWA:
San Diego County Water Authority
3211 Fifth Avenue San Diego, California, 92103
Attention: General Manager
If to CMWD:
Carlsbad Municipal Water District
5950 El Camino Real Carlsbad, California 92008
Attention: General Manager
Any party may change such address by notice given
to each of the other parties as provided in this section.
Section 13: Successors and Assiqns.
This Agreement shall !inure to the benefit of and
be binding upon the successors and assigns of the parties
hereto.
from the Parties.
Section 14: Severability.
No assignment shall be made without written agreeme
The partial or total invalidity of one or more
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sections of this Agreement shall. not affect the validity
of this Agreement.
Section 15: Intesration.
This Agreement comprises the entire integrated
understanding between the parties concerning the Encina Basin
Water Reclamation Project Phase I, and supersedes all prior
negotiations, representations, or agreements.
Section 16: Governins Law.
The law governing this agreement shall be the laws c
the State of California.
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IN WITNESS WHEREOF, the parties hereto have executed
this Agreement effective as of the date first hereinabove
written.
APPROVED AS TO FORM: THE METROPOLITAN WATER DIS
OF SOUTHERN CALIFORNIA
By: By:
/ ', - "J
APPROVED AS TO FORM: SAN DIEGO COUNTY WATER
AUTHORITY
By :
CARLSBAD MUNICIPAL WATER
e
DISTRICT
By : LQ-k RON BALL, GENERAL COUNSEL B
BWENCIN2 /&/& 7 2 *
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EXHIBIT A
ENCINA BASIN WATER RECLAMATION PROJECT PHASE I PROGRAM
Proiect Description
Overview
Phase I of the Encina Basin Water Reclamation Projei
(Project) is a municipal wastewater reuse project sponsored :
the San Diego County Water Auth.ority (SDCWA) and will be own1
and operated by the Carlsbad Municipal Water District (CMWD)*
The project is expected to prod.uce about 2,050 acre-feet per
year (AFY) of !'new water" for landscape, school, park,
freeway, golf course and agricultural uses. The Project is
located entirely within the CMWD's service area immediately
south of Palomar Airport Road and west of El Camino Real.
The City of Carlsbad has developed the Carlsbad Wati
Reclamation Master Plan to increase the use of reclaimed watl
within the City.
City's first step in implementing the Master Plan.
Construction of this Project will be the
Source of Reclaimed Water
The Meadowlark Water Reclamation Facility (MWRF) an(
the Gafner Water Reclamation Plant (GWRP) will be the source:
of supply for the Project. The MWRF has a capacity of 2.0 mc
0 e
of tertiary treatment and meets all Title 22 requirements for
the uses intended as part of this project. MWRF is owned and
operated by the Vallecitos Water District (VWD) which is
located generally east of the CMWD. The GWRP has a current
capacity of 0.75 mgd of secondary treatment and will be
upgraded to meet all Title 22 requirements. GWRP is owned
and operated by the Leucadia County Water District (LCWD)
which is located generally south of the CMWD.
CMWD has executed a contract with VWD to purchase
up to 2,240 AFY of reclaimed water from the MWRF for this
project.
via VWD's fail-safe pipeline. CMWD has also executed a
separate agreement with LCWD for the delivery of a minium of
394 AFY of reclaimed water from the GWRP. This water will
be delivered via an existing pipeline to a storage pond at
the La Costa Golf Course (South Course).
The water will be delivered to CMWD's pump station
Distribution System
The distribution system will consist of improvement
to the existing Mahr Reservoir, construction of a pump
station, conversion of two potable water reservoirs to
reclaimed water reservoirs, construction of distribution
system pipelines, and installation of potable water pipeline
to replace pipelines that will be converted to reclaimed wat
use. The improvements to Mahr Reservoir will include
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modifications to the VWD's existing effluent pump station,
installation of a pressure screen and screening rejection
pipeline, construction of a diversion structure, and
installation of electrical and instrumentation equipment.
Facilities necessary to serve the Aviara Development
include a pump station, conversion of existing potable water
reservoirs and pipelines to reclaimed water use, and
replacement of sections of the potable water pipelines
converted to reclaimed water use. The pump station will
deliver reclaimed water from the fail-safe line at El Camino
Real to the reclaimed water reservoirs via 5,300 feet of
12-inch diameter pipeline. Two storage reservoirs will be
converted to reclaimed water use. Approximately 3,054 feet
of 12 and 16-inch potable water- pipeline will be installed tc
replace the pipeline converted to reclaimed water use.
The facilities necessary to deliver reclaimed water
to the flower growers and CalTrans include conversion of
existing potable water pipelines to reclaimed water use,
installation of a potable water pipeline to continue supplie
to existing potable water users, and construction of pipelin
to deliver reclaimed water to the project's proposed End
Users. About 5,400 feet of existing potable water pipeline
will be converted to reclaimed water use. This pipeline
extends from the converted reservoirs to Palomar Airport
Road. Approximately 1,200 feet of 4-inch and 1,500 feet of
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10-inch pipeline will be constructed to continue service to
potable water users in the immediate area.
approximately 6,195 feet of, 8 and 12-inch pipeline will be
constructed to delivery Reclaimed Water to agricultural user:
along College Boulevard and CalTrans at Interstate 5.
In addition,
Existing facilities wi.11 be used to deliver reclaim1
water to the La Costa Golf Course (North and South courses).
End Users
The five End Users served by the distribution syste
will use about 2,050 acre-feet of water per year. Table 1 i
a list of the End Users and their annual reclaimed water
demand.
Table 1
End Users and Amount of Reclaimed Water to be Delivered
End User Amount
Aviara Development 677 AFY
CalTrans 78 AFY
La Costa Golf Course' 637 AFY Carlsbad Ranch 187 AFY
Growers 470 AFY ' Historically, the La Costa Golf Course received minor
amounts of Reclaimed Water for irrigation.
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Environmental Impact
The Planning Commission of the City of Carlsbad has
approved a Mitigated Negative Declaration (MND) for the
Project based on the Commission's determination of the
Project's consistency with the City's General Plan. The
MND was approved by the Carlsbad City Council as Resolution
No. 2925 on April 4, 1990. As a condition of mitigation a
detailed environmental review of the proposed facilities SUC
as underground storage reservoj-rs, pump stations, and
pipelines is required. This detailed review is currently
underway and is being conducted in stages as the project's
design is completed. An Environmental Impact Report was
prepared for the Aviara Development which included the pump
station at El Camino Real. Also a Negative Declaration for
the 12'' force main has been issued by the City of Carlsbad.
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